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(영문) 의정부지방법원 2016.05.25 2015가단35881

점유회수청구 및 유치권확인

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1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. (1) On February 7, 2014, the Defendant and C entered into a contract for the implementation of new construction of the instant building (hereinafter “instant real estate”) on the attached list (hereinafter “instant building”) including the said building and site. (2) On February 27, 2014, the Defendant and C entered into a contract for the construction of the instant building (including construction cost of KRW 288,200,000, value-added tax, value-added tax, and value-added tax); (3) on March 19, 2014, the Plaintiff and C (contractor) entered into a contract for construction of the instant building (hereinafter “the instant building”) with the subcontractor, including the amount of construction work, KRW 232,00,000, value-added tax, value-added tax, value-added tax, and KRW 40,000,000, 2010 and 30,000, 2014, 2014).

(A) On June 20, 2014, the Plaintiff entered into a contract with D Co., Ltd., and C to acquire the status of a contractor. [The purport of the entire pleadings and arguments, which are written in the following: (a) there is no dispute over the grounds for recognition; (b) A1, 2-1, 8, 4, 1, 2

2. On June 19, 2014, the Plaintiff et al. occupied the instant real estate in order to collect KRW 129,300,000 for the construction cost unpaid from the Defendant by organizing the claim group from around June 19, 2014.

(2) On June 2015, the Plaintiff et al. occupied the instant real estate and infringed on the Defendant’s occupation without permission while exercising the right of retention, such as posting placards and posts that are during the exercise of the right of retention. As such, the Plaintiff et al. was occupied and recovered by the instant lawsuit.